1. Definition & Classification of Offence
Definition:
S 40 of the Penal Code constitutes offence as an act punishable by the said Code
S 2(1) of the CPC: offence is any act or omission made punishable by any law
Classification of Offence
Seizable offence Non-seizable offence
(Police may ordinarily arrest without warrant) (Police may not ordinarily arrest without
warrant)
Difference between seizable and non-seizable offence
Seizable Non-Seizable
Police can arrest without warrant Police has no authority to arrest without
warrant
More serious Less serious
OTI may not be obtained to proceed the
investigation
S 109(1) CPC
OTI should be obtained first before carrying
investigation
S 108(2) CPC
Police officer not below the rank of sergeant OCS on receiving the OTI and police not
below the rank of sergeant may investigate
Procedure of Investigation
Non-Seizable S 108 (1), S 108(2), S 108(3) of CPC
Information relates to the commission of offence
Informant shall be referred to the Magistrate
Police cannot exercise any special powers during investigation without PP’s order
2. Police not below the rank of sergeant and OCS receiving such order may exercise same
power for investigation-except the power to arrest without warrant
Seizable S 109(1), S 109(2) of CPC
Police not below the rank of sergeant and OCS may without the order of PP exercise their
special powers with regards to the investigation
No question permitted to be raised against the officer on the ground of his special power to
investigate
Case law:
